Had Apple held off, it would have sent the strongest signal yet that the settlement could work. But Apple being Apple, it went ahead and sought the ban.

Assuming U.S. District Judge Lucy Koh, who ordered the settlement talks in the first place, doesn't decide on recalling the two companies back to the discussion table for a second time, it can be reasonably assumed a lengthy and costly trial is the final option.

Samsung chief executive Choi Gee-sung, along with mobile division chief Shin Jong-kyun, met with Apple boss Tim Cook and his legal team in California for nine hours on Monday and seven hours on Tuesday.

Samsung reportedly demanded Apple pay royalties for using its wireless transmission patents, and Apple continued to claim Samsung had copied its design in its Galaxy line of products.

Having said that, Apple already had the upper hand. Samsung would have likely gone into the talks to negotiate its position, knowing that Apple can pay for a license to Samsung's patents --- which must be licensed under fair and reasonable terms --- while Apple can withhold access to its own patents.

The court-ordered settlement talks were conjoured up in the hope that the two companies could resolve their respective claims over the two-day session. Though the two were never likely going to find a resolution outside a court room, it was hoped an unlucky jury could be spared the apparent hell of sitting through potentially weeks or months of battling in one of the most complex and confusing patent cases the U.S. courts has seen in years.

The case will go to trial on June 27 July 30, according to AllThingsD.